PIP and Resignation Notice period
8 months ago
I resigned from my job due to an unachievable assigned task in PIP (the task was not related to my skills). I have 3 month notice period but HR and Manager call every day and ask me to give the last date with the waiver of the notice period amount request. Else they will re-initiate PIP and terminate me if I will not give my last working day. I don't have any job offer in hand.
What should I Do?
A.Dear Client,
An employee either on probation or regular employment is governed by the contract of employment i.e, an offer letter issued by the company. In this situation, you need to review the terms and condition of your offer letter carefully to find out whether the action of the Company is or are contradictory to the terms of your contract of employment. In case you find any deviation or violation of any terms of the contract that makes the working environment toxic, you need to bring the matter to the notice of your Boss or higher authority either through written application or through email. A performance improvement plan (PIP), also known as a performance action plan, is a tool to give an employee the opportunity to succeed with performance deficiencies. When the assigned task under PIP does not match your skill or efficiency, you should bring the matter to the notice of the Company. If you fail to cope up with the toxic environment and quit in the course of PIP, you may lose getting any unemployment benefit or any severance package. On the other hand, termination for unsatisfactory performance may qualify as retrenchment – i.e., the termination of an employee/ worker for any reason other than by way of disciplinary action, In the prevailing situation, it may be suggested that if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then for such an arbitrary action and unfair labour practice, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for redressal of your grievance. Otherwise, you have to file a civil suit before the Civil Court for appropriate relief in the matter. Otherwise, you have to file a civil suit before the Civil Court to obtain appropriate relief in the matter. In case you need any legal assistance in the matter, you may contact our legal team with all relevant papers.
An employee either on probation or regular employment is governed by the contract of employment i.e, an offer letter issued by the company. In this situation, you need to review the terms and condition of your offer letter carefully to find out whether the action of the Company is or are contradictory to the terms of your contract of employment. In case you find any deviation or violation of any terms of the contract that makes the working environment toxic, you need to bring the matter to the notice of your Boss or higher authority either through written application or through email. A performance improvement plan (PIP), also known as a performance action plan, is a tool to give an employee the opportunity to succeed with performance deficiencies. When the assigned task under PIP does not match your skill or efficiency, you should bring the matter to the notice of the Company. If you fail to cope up with the toxic environment and quit in the course of PIP, you may lose getting any unemployment benefit or any severance package. On the other hand, termination for unsatisfactory performance may qualify as retrenchment – i.e., the termination of an employee/ worker for any reason other than by way of disciplinary action, In the prevailing situation, it may be suggested that if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then for such an arbitrary action and unfair labour practice, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for redressal of your grievance. Otherwise, you have to file a civil suit before the Civil Court for appropriate relief in the matter. Otherwise, you have to file a civil suit before the Civil Court to obtain appropriate relief in the matter. In case you need any legal assistance in the matter, you may contact our legal team with all relevant papers.
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